Terms & Conditions

BACKGROUND

Client desires to hire Open Eye to provide certain Credit Improvement Services (as defined below), and Open Eye wishes to provide Client with such services.

AGREEMENT

For mutual consideration, receipt of which is hereby acknowledged Client and Open Eye agree as follows:

  1. Definitions
    1. “Credit Improvement Services” means all actions taken by Open Eye, on behalf of Client, related to the removal of any errors, misrepresentations, outdated and/or unverifiable information from Client’s Credit Report(s), and/or any Open Eye attempt to remove the same, as permitted under New York State Law and Federal Law (15 U.S.C. § 1681 et seq.).
    1. “Credit Report” means a report containing detailed information about Client’s credit history, including personally identifying information, credit accounts and loans, bankruptcies and late payments, and recent inquiries usually used by prospective lenders with the borrower’s permission, to determine his or her creditworthiness. Such reports are furnished by the following Consumer Credit Reporting Agencies as defined in Section 1.3 below.
    1. “Credit Reporting Agencies” means the credit reporting agencies (and their respective agents and representatives), commonly known as: Experian, Equifax, and Trans Union.
    1. “Client Information” means all personally identifying information given to Open Eye by the Client including, but not limited to, Client’s name, address, phone numbers, social security numbers, credit card numbers, loan numbers and driver license numbers.
  1. Open Eye’s Obligations
    1. Credit Improvement Services. Open Eye shall provide Client with Credit Improvement Services with diligence. Subject to Section 3.1 below, Open Eye shall begin to provide such Client Credit Improvement Services within five (5) business days after the Effective Date.
    1. Correspondence with Credit Reporting Agencies. Client authorizes Open Eye to contact Consumer Credit Reporting Agencies on its behalf for the purposes set forth in Section 1.1.
    1. Client Information. Client hereby authorizes Open Eye to disclose Client Information to its agents, representatives or consultants, for the sole purpose set forth in Section 1.1 as necessary. All Client Information provided to Open Eye by Client shall be used for the sole purpose of providing Client with Credit Improvement Services. Open Eye’s use of any Client Information disclosed to, or received from, Credit Reporting Agencies shall be limited to the purposes set forth in Section 1.1. Barring compulsion under State or Federal Law, Open Eye (and its agents, representatives or consultants) shall not disclose such Client Information to any third party for any purpose.

 


  1. Client’s Obligations.
    1. Furnishing Credit Reports. Client shall receive a five dollar monthly fee reduction if it provides Open Eye with an original or duplicate (including all pages) Credit Report from each of the Credit Reporting Agencies within seven (7) calendar days after the Effective Date.
    1. Remittance of Correspondence. Client shall remit all Credit Reports and other correspondence from the Credit Reporting Agencies to Open Eye within seven (7) business days after its receipt. Client shall notify Open Eye immediately if forty (40) days have elapsed since Client last received correspondence from the Credit Reporting Agencies or from Open Eye.
    1. Change of Client Information. Client shall notify Open Eye of any change of address, or any other changes to Client Information within five (5) business days of such change. Client shall be solely liable for any delay in the dispute process for failure to do so.
    1. Payments for Services Rendered. Payments for services rendered shall be paid monthly in arrears. The first payment shall come due 30 calendar days after the Effective Date (“Due Date”). Such payment shall be received by Client no later than five (5) business days after the Due Date.
    1. Late Payments. If payment for services rendered is not received by Open Eye within five (5) business days after the due date, Client shall be authorized to charge such payments due, (including a $10 late fee) to the Client credit/debit card account on file.
    1. Duration. The term of this Contract shall be 12 months. If the Client decides to cancel the Services and terminate this Contract at any time during the term of this Contract. The Client is responsible for payment of any Services performed by Open Eye up to the date of receipt of the notice to cancel such Services.
    1. Cancellation. Client may cancel this Agreement at any time following the Effective Date by notifying Open Eye. On the day Open Eye receives such notice (“Cancellation Date”), all payments for services rendered shall become due, and Open Eye shall send Client its final bill. Client authorizes Open Eye to charge Client’s credit/debit card for all amounts due if Open Eye does not receive final payment for within seven (7) business days after the Cancellation Date.
  1. Notice. As an alternative to personal service, all notices under this Agreement shall be made by mailing the notice, postage prepaid, and addressed to the Client or to the Open Eye, at the addresses first stated above, or to such addresses that either party may designate from time to time in writing


 
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Terms and Conditions
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